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Commentary By Ilya Shapiro

What Right-Wing Court?

Governance Supreme Court, Affirmative Action

Coming out of this Supreme Court term, the mainstream media—and my Twitter feed—breathlessly proclaimed how the conservative majority doubled down on "extremism." "It's not a normal court," said President Joe Biden after the affirmative action ruling. I'm not sure how a decision to end racial discrimination is abnormal or extreme, even if it's indisputable that the last couple of days went conservatives' way.

But—and this is a big but—those big cases also tracked popular opinion, according to a poll by ABC News. More than half of Americans (52 percent) liked the ban on racial preferences, while 32 percent didn't. A plurality (43 percent) agreed that expressive professionals shouldn't have to convey messages they don't like, while 42 percent disapproved. And 45 percent backed the Court's decision to invalidate the executive erasure of student debt; 40 percent disagreed. So is the public abnormal too?

Continue reading the entire piece here at Newsweek


Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

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